Immigration Update
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Your Trusted Immigration News Source November 2009, Vol. 2, Issue 6
GLG NEWS
» WELCOME ERIN MURPHY!  Erin joins Grzeca Law Group as an Associate Attorney and will be working in the Family/Deportation Practice Group

» Congratulations to Carrie Ziegler Thomas!  Carrie was selected to the Pro Bono Honor Roll in Wisconsin Lawyer for her outstanding pro bono service to the indigent in the past year.

» Congratulations to Jerry for being listed in the 2010 Super Lawyers Corporate Counsel Edition for excellence in the field of Immigration.

» Have you looked at our new website lately?  Let us know what you think!

» Presentations:

Jerry and John continue to speak at local churches regarding immigration rights:

- November 8, 2009
- December 6, 2009
- December 13, 2009

Jerry recently spoke at two Rotary Club meetings on "Understanding the Current Immigration Climate and How Future Decisions Can Impact Our Economy."

»  Are you LinkedIn? Join Jerry's network to stay connected.
Myth Busters
MYTH: Immigrants Are a Threat to Workable Health Care Reform!

FACT: The more people who pay into a system of health insurance, the more everyone benefits. An important function of health insurance is to pool risks and use premiums collected from the healthy to pay for the medical care of those who need it.

FACT: U.S. citizens make up the majority of those who are uninsured. U.S. citizens make up the majority of the uninsured (78%), while legal and undocumented immigrants account for 22% of the nonelderly uninsured.

FACT: Immigrants do not impose a disproportionate financial burden on the U.S. health care system. According to a July 2009 study in the American Journal of Public Health, immigrants use less medical care, and less expensive care, even when they have health insurance. Immigrants' per-person medical expenditures were one-half to two-thirds less than U.S.-born citizens with similar characteristics. Health care costs for the average immigrant in America are 55% lower than health care costs for the average U.S.-born person. Another study found that, in 2005, average annual per capita health care expenditures for noncitizens were $1,797-versus $3,702 for U.S. citizens.
Recent immigrants were responsible for 1.4% of total public medical expenditures for adults in 2003, even though they constituted 5% of the population.

AILA InfoNet Doc. No. 09080561 (posted Aug. 5, 2009)
Quick Links
KNOW WHAT YOU NEED BEFORE YOU GO   
Preparing in Advance for Holiday Travel
With the holidays just around the corner, it's important to plan ahead for travel outside the U.S.  Read more »
UPDATES ON CIR
Rep. Gutierrez on a New Comprehensive Immigration Reform Bill
In mid-October, Congressman Luis V. Gutierrez from Illinois addressed thousands of people on the west lawn of the Capital in response to demands for a plan change our nation's immigration system.  Read more »
WHERE IS MY GREEN CARD?   
Facing the Backlogs for Permanent Residence
Many professional employees waiting for green cards are asking the same thing - shouldn't my permanent residence petition have been approved by now?  Does it really take several years to process my petition?  What's the hold up?  Read more »

TIME IS MONEY 
How Immigration Policies Can Save Employers Time and Money
Having company guidelines regarding initiating and pursuing immigration cases may assist in budgeting for the fees and expenses associated with these cases.  Read more »
AM I TOO OLD?
Derivative Beneficiaries Maintaining Priority Date
There is currently litigation in the federal court system regarding children who are derivative beneficiaries in the third and fourth preference visa categories and age-out when they turn 21, prior to a parent obtaining legal permanent resident status.  Read more »

ALL IS NOT LOST
Renewing Permanent Residence Cards
The expiration of a permanent residence card does not mean an individual's permanent residence status has expired.  However, it is important to renew this card in a timely manner.  Read more »

H-1B Cap Update
As of November 24, 2009, CIS has received approximately 56,900 H-1B cap-subject petitions counted against the 65,000 cap.  In addition, approximately 20,000 advanced degree cap exemption petitions. CIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of petitions have been received.
NEW: E-Notification from CIS
U.S. Citizenship and Immigration Services now offers E-Notification (e-mail and text messages) for applications and/or petitions filed at a USCIS Lockbox in Chicago, Phoenix and Lewisville, Texas.  The e-notice will provide a receipt number for each form but will not constitute as an official notice, only that it was received.  The official notice is mailed.  To sign up for this service, Form G-1145 must be filed with the application or petition at the time of filing. 
Diversity Visa Lottery 2011
REMINDER: Entries for the 2011 Diversity Lottery must be submitted electronically by noon (EDT) Monday, November 30, 2009.  Paper entries will not be accepted.
Grzeca Law Group Helps Feed the Hungry
A local organization in our neighborhood called The House of Peace serves Milwaukee individuals and families through a food pantry, clothes closet, counseling services and teen leadership development.
Grzeca Law Group collected enough food to feed 10 families for the Thanksgiving and Christmas Holidays!
We encourage you to donate to your local shelters and organizations to continue this life saving gift. 
GLG Employer
Compliance Services
  • I-9 Audit / Compliance Review
  • Social Security No-Match Policy
  • Mandatory E-Verify Requirement
  • Worksite Enforcement Policies
  • Pre-hiring, Discrimination and Post-employment Immigration Issues
  • Immigration Hiring and Reimbursement Policies
  • Mergers & Acquisitions Advice
  • H-1B Public Access File Compliance
  • Host an I-9 Webinar for your company
Planning in Advance for Holiday Travel

 With the holidays just around the corner, it's important to plan ahead for travel outside the U.S.  If a foreign national is planning on traveling outside the U.S. for the holidays, they should contact our office as soon as possible to avoid any issues and to ensure the proper documentation is attended to. 
 
Some foreign nationals may need to apply for a new visa while traveling abroad.  If this is the case, wait times at U.S. Embassies and Consulate Generals are generally longer around the holidays so advance planning is necessary.
Rep. Gutierrez on a New Comprehensive Immigration Reform Bill
 
In mid-October, Congressman Luis V. Gutierrez from Illinois addressed thousands of people on the west lawn of the Capital in response to demands for a plan change our nation's immigration system. The plan that will be introduced in the very near future includes the following elements as a pathway to legalization for undocumented workers: 
  • The development of a fair and practical approach for the estimated 12 million undocumented immigrants living, working and raising families in the United States that leads to a path of earned citizenship. 
  • Professional and Effective Border Enforcement:  A system based on 21st century enforcement strategies to strengthen our nation's physical and economic security, while staying true to our nation's values.
  • Smart and Humane Interior Enforcement:  The promotion of humane treatment of detainees, fair immigration proceedings and policies that respect the principles of community policing. 
  • Verification Systems:  Ensure the proper functionality of current employment eligibility verification systems to prevent employers from exploiting the system and undermine workers' rights.
  • Family Unity as a Cornerstone of Our Immigration System:  A focus that promotes keeping families strong, united and treating all immigrant families fairly and equally 
  • Future Flow of Workers:  The development of a guest worker program that is driven by economic need to ensure that the United States continues to attract the best and brightest from around the world.  The plan will propose an employment based visa system to align with the actual labor market demands.
  • AgJOBS:  A provision for agribusiness and labor to allow farm workers both legal protection and immigration status while enabling employers a legal workforce. (Do we want each point covered in the article?)
  • DREAM Act:  This will provide a path to temporary permanent residency and possible citizenship to undocumented children and students who have grown up in America and know no other home, to participate fully and be integrated quickly into our society as Americans by meeting specific requirements.
  • Promote Immigrant Integration:  Commit federal resources to help new immigrants overcome the many challenges that they face and assist them in becoming an integral part of America.
There is no question that Comprehensive Immigration Reform (CIR) is necessary.  Please stay tuned for continued updates and feel free to contact our office with any questions of how you can advocate for change.
Facing the Backlogs for Permanent Residence

 Many professional employees waiting for green cards are asking the same thing - shouldn't my permanent residence petition have been approved by now?  Does it really take several years to process my petition?  What's the hold up?
 
The misunderstanding arises from two different wait times - the wait for U.S. Citizenship and Immigration Services (CIS) to process a petition, and the wait for available immigrant visas.  Both of these backlogs are significant, but changes in available immigrant visa numbers have made the process even more confusing.
 
There are 142,000 immigrant visas available for employment-based green card applicants each year.  The Department of State (DOS) allocates this small number of green cards based on the number of cases waiting in line.  Employees being sponsored by their companies can file the last stage of their permanent residence case - the I-485 - with CIS when immigrant visas are available to them, which means that their priority dates are current.  Priority dates are determined by the date the employee's Labor Certification (the first stage of the process) was filed with the Department of Labor.  To figure out whether their priority dates are current, employees must look to the DOS's monthly Visa Bulletin.
 
In July 2007, the DOS published a Visa Bulletin indicating that all priority dates for all preference categories were current.  This resulted in a rush of I-485s, thousands more than the available immigrant visas.  The next month, the priority dates retrogressed several years, and the wait for permanent residence has been lengthy ever since.
 
Here is where the really confusing part comes in: many people were able to file their I-485s in the summer of 2007 but are no longer "current" under the Visa Bulletin because of retrogression.  Therefore, even though the applications have been filed, CIS can't issue them green cards.  It's helpful to think of immigrant visa numbers as something tangible, like a ticket.  Once all the "tickets" are allocated, there's nothing CIS can do but wait for more.  CIS is reviewing and making decisions on many of these waiting I-485s so they'll be ready to approve when the immigrant visas are available, but their hands are tied until DOS frees up the visas.
 
Therefore, CIS can be adjudicating cases at the time an employee's case was filed, but that employee won't get their green card until they have an immigrant visa number.  These cases, even though approved, will have to wait at CIS for the Visa Bulletin to catch up again.
 
Advocates of immigration reform, including Grzeca Law Group, argue that this antiquated quota system is harming our country by frustrating our best and brightest professional immigrants with outrageously long wait times for green cards. 
 
For more information about the immigrant visa backlog, please contact Grzeca Law Group.
How Immigration Policies Can Save Employers Time and Money

 Foreign nationals in nonimmigrant classifications are often eager for their U.S. employers to seek permanent resident status on their behalf and may raise the issue early and often during their employment, and sometimes even during recruitment.                
 
 Given foreign national employees' interest in the subject, an employer can save staff time spent in answering questions of foreign national employees by having thought through some issues that commonly arise in these circumstances and establishing a company-wide Immigration Policy addressing them.  Having company guidelines regarding initiating and pursuing such cases may also assist in budgeting for the fees and expenses associated with immigration cases.  Such a policy could provide answers to the following questions:
  • How soon after the employee's date of hire will the employer consider initiating a permanent residence case on the employee's behalf?
  • What factors will the employer will consider in deciding whether to pursue a permanent residence case for a foreign national employee?
  • Who pays for the fees and expenses required in a given case?
  • What costs will be passed on the employee in each type of immigration matter?
  • Will an employer pay fees and expenses associated with extending the employee's family's nonimmigrant status, or filing their applications to adjust status in the U.S. and obtain work authorization and travel documents?
  • What happens when an employee quits or is terminated during or after a permanent residence case is initiated or completed--Is an employee required to re-pay the employer all or a part of that expense, and how might repayment occur?
A policy that covers these and other immigration issues can assist employers by communicating the rules to supervisors, human resources personnel, and foreign nationals alike.  For assistance in drafting a comprehensive Immigration Policy, please contact Grzeca Law Group.
Derivative Beneficiaries Maintaining Priority Date

Currently, litigation is pending in various federal circuit courts regarding the issue of children, who were derivative beneficiaries of petitions filed on behalf of their parents in the third (3rd) or (4th) preference visa categories and who "age-out" when they turn twenty-one (21), prior to their parents becoming lawful permanent residents.  As a derivative beneficiary these children are not the principal beneficiary of a visa petition filed on their behalf. 
 
Maintaining the status of "child" has definite benefits in certain visa categories.  However, once a "child" turns 21, he or she "ages-out" and changes preference categories from 2A "child" to a 2B "son or daughter."  Previously there was some authority that a derivative beneficiary of a 3rd or 4th preference category who "ages-out" was able to use the priority date of their parent's petition, even if the derivative turned 21 while waiting for the priority date to become current.  Under this policy, once the principal beneficiary parent became a lawful permanent resident, they would file a new petition on behalf of their now "son or daughter over the age of twenty-one" and the son or daughter would be able to use their parent's original priority date.  In most cases, the parent's priority date would be current at this time and an immigrant visa would be immediately available.  This is an extremely important issue, because if the "son or daughter" was not able to use the parent's original priority, he or she could be waiting in excess of eight (8) more years, and in some countries in excess of seventeen more (17) years for their priority date to become current.
 
The Child Status Protection Act ("CSPA") and a non-precedent Board of Immigration Appeals ("BIA") decision, Matter of Garcia, gave reason to believe that U.S. Citizenship and Immigration Services ("CIS") would follow such a ruling and allow the aged-out derivative to use their parent's priority date.  However, the BIA recently ruled in a precedent decision, Matter of Wang, that an aged-out derivative beneficiary of a 3rd or 4th preference visa category is not eligible to use their parent's, the principal beneficiary's, priority date.
 
However, litigation is pending in various federal circuit courts relative to this issue, including a class action lawsuit filed against the BIA's decision in Wang.  The federal courts will hopefully resolve this issue once and for all consistent with the CSPA.  Therefore, anyone who may have this issue arise in this immigration context should contact Attorney John Sesini regarding this matter to discuss in greater detail.
 
Renewing Permanent Resident Cards

 The expiration of a permanent resident card does not mean an individual's permanent residence status has expired.  Current permanent resident cards are valid for ten years.  An individual can file an Application to renew their permanent resident up to six months prior to the expiration date.  However, this Application can also be filed after the expiration date.
 
While an individual's permanent residence status does not expire with the card, they do need the card as evidence of their status when returning to the U.S. after travel abroad.  Current processing times for these Applications are approximately three to four months.  Therefore, it is important to renew this card in a timely manner. 
 
If an individual is currently residing outside the U.S., it is even more important to file the Application to renew their permanent resident card prior to its expiration.  Applying prior to the expiration date should allow an individual to either receive their new card prior to their next trip into the U.S. or allow them to reenter the U.S. and obtain temporary evidence of their permanent resident status for future travel during the pendency of the Application.
 
If you or anyone you know should need any assistance with the renewal of a permanent resident, please contact the Grzeca Law Group.
Grzeca Law Group, S.C. is an AV-rated law firm dedicated to providing superior professional service to the international business community by advising corporate clients on all aspects of employment-related immigration law.

Immigration Update has been prepared by Grzeca Law Group, S.C. for informational purposes and does not constitute legal advice.  This information is not intended to create, and receipt of it does not consitute, lawyer-client relationship.  Readers should not act upon this information without seeking advice from professional advisors.